License Plate Recognition (Flock Safety & Axon)

Technology with Guardrails

License plate recognition (LPR) is a camera-based system the City of Fairfax Police Department uses to identify vehicles associated with criminal investigations, missing or endangered persons, and stolen vehicles or license plates.

The Police Department's use of LPR is governed by Code of Virginia § 2.2-5517 and by departmental policy (General Order 427). LPR does not replace an officer's judgment or the legal requirements for police action. 

Technology Changes. Our Rules Do Not.

New vendor capabilities do not become authorized police uses simply because they are available. Fairfax City determines what technology we use, for what purposes, and under what safeguards.

The Chief of Police and department receive and address LPR issues and community impact through the Chief's Advisory Council (CAC) - a citizen forum established to give the department ongoing input on its operations.

Questions or feedback? Visit fairfaxva.gov/police or contact us at 703-273-7179.

Key Facts

Before any officer can search LPR data, the officer must log in individually, document a law-enforcement purpose, and enter a case or call number. Each search creates an audit record that is generally retained for two years. § 2.2-5517(A), (D), (E)

Authorized and Prohibited Uses

Authorized Uses

Under Virginia Code § 2.2-5517(D), the Police Department may use its LPR system only to:

• Support a criminal investigation into an alleged violation of the Code of Virginia or a local ordinance, where there is reasonable suspicion a crime was committed;
• Support an active investigation involving a missing or endangered person, or a person associated with human trafficking; or
• Receive notifications about a missing or endangered person, a person with an outstanding warrant, a person associated with human trafficking, a stolen vehicle, or a stolen license plate.

Prohibited Uses

Under Virginia Code § 2.2-5517, the Police Department cannot:

• Sell LPR data
• Share or disseminate LPR data except as specifically authorized by Virginia law
• Use LPR to interfere with individuals engaged in lawful activity, or to track individuals based on lawfully protected speech
• Treat a notification alone as reasonable suspicion to stop a vehicle

Any Police Department employee who willfully and intentionally uses the system for a purpose other than those authorized, or willfully and intentionally shares data unlawfully, is guilty of a Class 1 misdemeanor under state law. Evidence obtained in violation of these provisions cannot be used by the Commonwealth in a criminal or civil proceeding.

Common Questions About LPR

Virginia law limits LPR use to a narrow, specific set of purposes — see authorized and prohibited uses above. The questions below address the topics the Police Department hears most often.

Data Ownership, Sharing, and Access

Per Virginia Law:

• The Police Department owns the system data and audit-trail data collected by its LPR system.
• The Police Department's vendor cannot sell system data or audit-trail data or independently decide to share it, and cannot access it except when the Police Department requests it for maintenance or quality-assurance purposes. The vendor may share data at the Department's request when authorized by Virginia law.
• The Police Department does not sell LPR data to any private or commercial entity.
• The Police Department's routine LPR sharing relationships are limited to authorized law-enforcement agencies and purposes permitted by § 2.2-5517. Other disclosures may occur only as specifically authorized by law, including pursuant to applicable court processes.
• Federal and out-of-state agencies, including ICE, do not have direct or routine access to City of Fairfax LPR data. Data may be disclosed when required by a court order or court-issued subpoena, or as otherwise specifically authorized by Virginia law.

Oversight and Audits

Per Virginia Law:

• Every search the Police Department conducts generates an audit-trail record showing the user, date, time, search information entered, stated purpose, and associated case or call number.
• The Police Department audits its LPR use internally at least once every 30 days.
• The Police Department purges audit-trail data after two years, unless it is part of an ongoing investigation, prosecution, or civil action.
• The Police Department reports annually to the Virginia State Police on its use of the system, by April 1 of each year, and publicly posts its LPR policy and this report.
• Separately, the Virginia State Police aggregates data from all reporting agencies statewide and reports it to the Governor, the General Assembly, and the Virginia State Crime Commission by July 1 of each year.

Sources & Further Reading

• Code of Virginia § 2.2-5517 — the state law governing the Police Department's use of LPR technology. Every citation on this page refers to this section.
• City of Fairfax Police Department License Plate Recognition General Order 427 — the purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of License Plate Recognition (LPR) technology.
• International Association of Chiefs of Police (IACP): Automated License Plate Recognition — national policy guidance, research, and leading practices on responsible ALPR use.LPR in Action